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Call Us Today!
(731) 855-1351
Call Us Today!
(731) 855-1351

Services

Bankruptcy
Jeffrey A. Smith has been assisting his clients in obtaining relief under Chapter 7 and Chapter 13 of the Bankruptcy Code since 1995.
Chapter 7 of the Bankruptcy Code, sometimes known as straight bankruptcy or liquidation, allows debtors to get a fresh start in their financial life. Chapter 7 allows debtors to reaffirm secured debts – debts with collateral, such as houses, cars, furniture, etc. By reaffirming these debts, you keep the collateral and make the payments just as if you had not filed bankruptcy, or you may surrender the collateral and owe nothing on the debt. Unsecured debts, such as credit cards and medical bills are generally wiped out completely. There are certain limitations on whether or not you can file under Chapter 7, such as whether you have filed before within a certain timeframe, or if your income is too high.
Chapter 13 of the Bankruptcy Code, sometimes known as wage earner's bankruptcy, allows debtors to repay their debts according to a plan proposed to the Court. Chapter 13 is primarily used when a debtor is behind on a debt and the creditor is attempting to foreclose or repossess their collateral or garnish a debtor’s paycheck. Chapter 13 stops these collection activities and allows the debtor to catch up back payments according to the plan and keep creditors from pursuing collection actions while they do so. As in Chapter 7, a debtor may also surrender collateral. Creditors, such as credit cards, medical bills, lenders who have foreclosed or repossessed collateral, etc., may receive a percentage of the debt owed to them or may receive nothing at all, depending on several factors. Debtors whose income exceeds certain guidelines are limited to filing Chapter 13 rather than Chapter 7.
You need the advice of an experienced bankruptcy attorney in evaluating whether bankruptcy is an option for you.

Divorce - Child Support- Custody and Adoptions
Jeffrey A. Smith has devoted much of his practice to helping clients with family law problems, such as divorce, post-divorce matters, child custody, child support, adoption, and juvenile matters.

Many divorces are friendly between spouses where they have simply developed differences that can’t be worked through. In such cases where both parties are in total agreement on division of property and, if there are children, in total agreement on custody, visitation and child support, Jeffrey A. Smith offers substantially reduced fees. The fee for a no-fault divorce without children is $360.00 which includes the court costs. The fee for a no-fault divorce with children is $560.00 which includes the court costs. You also must attend a parenting class, the cost of which is not included in this fee.

Jeffrey A. Smith also provides representation in contested divorce cases where the spouses cannot agree to a resolution of all issues.

In addition to divorces, Jeffrey A. Smith provides representation in child custody and child support disputes, adoptions, post-divorce matters such as contempt, as well as Juvenile Court matters.

Criminal Law
Jeffrey A. Smith has represented clients in criminal matters ranging from murder to name calling. Most criminal cases are resolved with plea agreements and Jeffrey A. Smith will negotiate with the district attorney’s office to seek the best possible outcome of your case. If an agreement that is in your best interest cannot be reached, he will take your case to trial.

Wills & Probate
Everyone should prepare three basic documents: A will, living will, and power of attorney for health care documents before they become incapacitated or die to ensure that their personal affairs and property are handled in accordance with their wishes.

WILL: No matter how much or how little you think you may have, you still need a will to ensure that your assets are distributed as you wish. You will ensure that the person you desire will act to handle your estate. If you have children, you can also designate the person(s) you wish to be their guardian(s) should you die before they are adults.

LIVING WILL: A living will allows you to direct others as to whether you wish to be artificially provided food and liquid should you become incapacitated (force fed). It also allows you to designate which, if any, organs you wish to donate.

POWER OF ATTORNEY FOR HEALTH CARE: This document allows you to appoint a person to make health care decisions for you in the event you become incapacitated and unable to make those decisions yourself. The person you appoint will have the authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition.

Conservatorship and Guardianship
A conservator is a person appointed by the court to manage the person or property, or both, of an incapacitated person. Jeffrey A. Smith is experienced in preparing petitions to appoint a conservator and having them approved by the court.

A guardian is a person appointed to manage the property of a minor, whether that minor is incapacitated or not. This is most common when both parents are deceased or otherwise unable to care for their child. It is sometimes necessary to have a biological parent appointed guardian of their own child for the purposes of receiving insurance settlements. Jeffrey A. Smith is experienced in preparing petitions to appoint guardians and having them approved by the court.

Delinquent Taxes
Jeffrey A. Smith serves as Gibson County Delinquent Tax Attorney, appointed by Dana Davidson, Gibson County Trustee. Tennessee law subjects all real estate and business personal property (computers, furniture, tools, etc.) to a property tax. Property taxes are the primary source of income for Tennessee counties. Tennessee law sets forth the manner and deadlines for payment of property taxes. It also provides procedures for the collection of delinquent taxes.
The rate at which property is taxed is set by the Gibson County Commission each year, usually at its July meeting. Property taxes for that year become payable October 1st of that year and become delinquent March 1st of the following year. If the taxes still have not been paid by February 1st of the next year, the County Trustee turns over a list to the Delinquent Tax Attorney who files a lawsuit against all delinquent taxpayers in Chancery Court. A summons and notice will be served on each delinquent taxpayer by certified mail. If the post office is unable to deliver the summons and notice by certified mail, the delinquent taxpayer may be served by publishing a notice in a local newspaper for four consecutive weeks. (Under Tennessee law, refusal to accept certified mail is the same as being served). If the taxes remain unpaid 30 days after the summons and notice have been served, the Delinquent Tax Attorney may seek a default judgment from the Chancery Court and proceed to sell the property at public sale in satisfaction of the unpaid taxes. Prior to selling property at a tax sale, the Delinquent Tax Attorney is required to research the public records of the county to determine if there are any liens on the property and, if so, to notify the lien holder (usually banks). A lien holder may pay the taxes to avoid it being sold.
For example, 2017 property taxes became payable October 1, 2017 and must be paid on or before February 28, 2018, If they are not paid by that date, they become delinquent and begin accruing interest and penalty. If they still have not been paid by March 1, 2019, the County Trustee will turn them over to the Delinquent Tax Attorney who will file a lawsuit against each taxpayer on the list.
If a property is sold at a delinquent tax sale, Tennessee law allows the delinquent taxpayer to redeem the property by paying the outstanding taxes, penalties, interest, attorney’s fees, and interest to the purchaser of the property. A lien holder may also redeem the property. The period in which redemption is allowed is one year from the date of the delinquent tax sale. If the property has not been redeemed by that time, the property becomes the property of the tax sale purchaser or county.

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Jeffery A. Smith Attorney At Law
110 NW Court Sq
Trenton, TN 38382

Phone: 731-855-1351
Fax: 731-855-1212

Email: jeff@jeffsmithlawoffice.com
IN BUSINESS SINCE 1995